HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 198/2018 Jagdish Kumar S/o Vijay Bahadur, R/o Plot No.239B, Ma Hinglas Nagar, Gandhi Path West, Pachyawala, Jaipur.

----Petitioner Versus

1. State Of Rajasthan Through PP.

2. Mrs. Padma @ Pawan W/o Jagdish, D/o Vijay Singh, R/o Village Mahamadpur, Tehsil Bayana, Bharatpur.

----Respondents For Petitioner(s) : None Present For Respondent(s) : Mr. Vivek Choudhary-PP JUSTICE ANOOP KUMAR DHAND

Order

07/04/2026

1. The instant criminal misc. petition has been preferred by the petitioner with the following prayer:-

"It is therefore, prayed that your lordships may very graciously be pleased to accept and allow this Criminal Misc. Petition for quashing of entire proceeding arising out of order dated 06.12.2016 in Application dated September 06, 2017 u/s 125(3) Cr.P.C. filed in Case No. 27/2004 titled Padma V/s Jagdish against warrant for attachment and sale and arrest passed by Assistant Chief Judicial Magistrate, Bayana, Bharatpur against the petitioner and the entire proceeding may kindly be quashed and set aside.

Any other relief, order or direction, which this Hon'ble Court deems just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner."

2. By way of filing the instant petition, a direction has been sought for quashing the entire proceedings arising out of the order dated 20.11.2017 passed on the application filed under Section

125(3) Cr.P.C.

3. Perusal of the order dated 02.06.2011 indicates that the respondent submitted an application under Section 125(3) Cr.P.C. and the same was allowed with a direction to the petitioner to pay monthly maintenance amount of Rs. 5000/- to the respondent. It appears that when the aforesaid order of maintenance was not followed/complied with by the petitioner, the proceedings under Section 125(3) Cr.P.C. were initiated vide impugned order dated

20.11.2017 for recovery of the due amount of maintenance.

4. Aggrieved by the aforesaid order, the petitioner has approached this Court by way of filing the present petition.

5. It appears that during the pendency of this petition, an application has been submitted by the petitioner before the Court below under Section 127(3) Cr.P.C. for closure of the recovery proceedings on the basis of a decree passed by the Family Court by which the marriage of the parties has been dissolved and the appeal submitted by the respondent No. 2 against the said judgment has been dismissed, therefore, under the changed circumstances, a prayer has been made for closure of the aforesaid recovery proceedings under Section 125(3). The aforesaid application was submitted by the petitioner before the Court below in the year 2020, it appears that the said application is lying pending for its adjudication on merits.

6. Considering the above factual aspect of the matter, this Court deems it just and proper to dispose of the instant petition with an expectation from the Court below to decide the aforesaid application submitted by the petitioner under Section 127(3)

Cr.P.C., pending if any, expeditiously as early as possible, strictly in accordance with law after providing due opportunity of hearing to both the sides.

7. Accordingly, the instant petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of.

(ANOOP KUMAR DHAND),J Ashu/28